By: Cuellar, Henry H.J.R. No. 16
73R2284 RJA-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment authorizing the legislature to
1-2 provide for the election of justices to the courts of appeals by
1-3 place.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article V, Section 6, of the Texas Constitution
1-6 is amended to read as follows:
1-7 Sec. 6. (a) The state shall be divided into courts of
1-8 appeals districts, with each district having a Chief Justice, two
1-9 or more other Justices, and such other officials as may be provided
1-10 by law. The Justices shall have the qualifications prescribed for
1-11 Justices of the Supreme Court. The Court of Appeals may sit in
1-12 sections as authorized by law. The concurrence of a majority of
1-13 the judges sitting in a section is necessary to decide a case.
1-14 Said Court of Appeals shall have appellate jurisdiction
1-15 co-extensive with the limits of their respective districts, which
1-16 shall extend to all cases of which the District Courts or County
1-17 Courts have original or appellate jurisdiction, under such
1-18 restrictions and regulations as may be prescribed by law.
1-19 Provided, that the decision of said courts shall be conclusive on
1-20 all questions of fact brought before them on appeal or error. Said
1-21 courts shall have such other jurisdiction, original and appellate,
1-22 as may be prescribed by law.
1-23 Each of said Courts of Appeals shall hold its sessions at a
1-24 place in its district to be designated by the Legislature, and at
2-1 such time as may be prescribed by law.
2-2 (b) Except as provided by Subsection (e) of this section,
2-3 the <Said> Justices shall be elected by the qualified voters of
2-4 their respective districts at the <a> general election for state
2-5 and county officers.
2-6 (c) The Justices shall serve terms<, for a term> of six
2-7 years and shall receive for their services the sum provided by law.
2-8 Each Court of Appeals shall appoint a clerk in the same manner as
2-9 the clerk of the Supreme Court which clerk shall receive such
2-10 compensation as may be fixed by law.
2-11 (d) All constitutional and statutory references to the
2-12 Courts of Civil Appeals shall be construed to mean the Courts of
2-13 Appeals.
2-14 (e) The Legislature may provide for the election of any of
2-15 the Justices to any of the Courts of Appeals by alternating
2-16 partisan election by place and districtwide retention elections for
2-17 each Justice. Each area of a place within a Court of Appeals
2-18 district shall be contiguous, and the places within a district
2-19 shall be substantially equal in population, according to the most
2-20 recent federal decennial census. The Legislature shall redistrict
2-21 the Court of Appeals districts after the publication of each
2-22 federal decennial census.
2-23 (f) A vacancy in the office of a Justice of a Court of
2-24 Appeals is filled by appointment by the Governor with the advice
2-25 and consent of the Senate as provided by Article IV, Section 12,
2-26 and Article V, Section 28, of this constitution.
2-27 (g) The Chief Justice of each Court of Appeals is selected
3-1 in the manner provided by the Legislature.
3-2 SECTION 2. This proposed constitutional amendment shall be
3-3 submitted to the voters at an election to be held November 8, 1994.
3-4 The ballot shall be printed to provide for voting for or against
3-5 the proposition: "The constitutional amendment authorizing the
3-6 legislature to provide for the election of justices to the courts
3-7 of appeals by alternating partisan election by place and
3-8 districtwide retention elections."